As a resident of a Homeowners Association or Condominium Association you are obligated to pay assessments and to comply with the rules laid out in the deed restrictions, declaration of condominium, rules and regulations, and by-laws. If the Board of Directors of your association thinks you are in violation of these rules they have several avenues available to them to enforce the documents against you.
The HOA or condo association can lien and foreclose your property for failure to pay regular or special assessments, and fines. The association is required to give you notice of its intent to lien and foreclose, and in the case of fines the HOA or condo association is required to give you notice and the opportunity for a hearing before the fine can be imposed.
The Homeowners Association or Condominium Association can also bring suit against you to enforce its restrictions. The HOA is required to offer to mediate the dispute before suit can be filed. The condo association is required to file a petition for arbitration before it can file a law suit, and must have given you notice and the opportunity to cure before the petition can be filed.
In these and many other disputes with your community association you may have defenses based on the association’s failure to meet the above requirements, as well as other defenses.
Francis M. King, Esq.